What is FINRA arbitration?

FINRA arbitration is a method of resolving disputes between investors and brokerage firms or financial advisors outside the court system. It involves a neutral third party, an arbitrator, who reviews the case and makes a binding decision.

Why choose arbitration over litigation?

Arbitration is typically faster, less formal, and more cost-effective than litigation. It also provides a final resolution to disputes, with limited grounds for appeal. Most relationships with financial advisors are formalized by entering into a contract which contains a dispute resolution clause. Nationally, most dispute resolution clauses provide for FINRA arbitration.

Who can file a FINRA arbitration claim?

Investors, brokerage firms, and financial advisors can file a FINRA arbitration claim if they have a dispute related to securities or investment activities. FINRA arbitration is normally the forum for disputes among registered persons, brokerage firms and the public customer clients of the firms.

How do I start the FINRA arbitration process?

To start the arbitration process, Bakhtiari & Harrison will file a Statement of Claim with FINRA, detailing the nature of the dispute, the parties involved, and the relief sought.

What is a Statement of Claim?

A Statement of Claim is a written document submitted by the claimant outlining the facts of the dispute, legal claims, and the desired outcome.

What happens after filing the Statement of Claim?

After filing, the respondent has 45 days to answer the Statement of Claim. The answer must address the claims and may include counterclaims or other relief sought.

What fees are involved in FINRA arbitration?

Fees include filing fees, hearing session fees, and possibly member surcharges or process fees, depending on the specifics of the case.

Can I represent myself in FINRA arbitration?

Yes, you can represent yourself, but many choose to hire an attorney with experience in securities arbitration due to the complexity of the process. Investors and industry professionals who choose to represent themselves do so at a substantial disadvantage, Wall Street firms typically retain experienced professional counsel to represent their interests.

How are arbitrators selected?

Arbitrators are selected through the Neutral List Selection System (NLSS), which provides a list of potential arbitrators. Both parties rank and strike names to agree on a panel.

What qualifications do FINRA arbitrators have?

FINRA arbitrators include attorneys, accountants, financial professionals, and public members who have undergone training and meet FINRA’s qualification standards.

How long does the arbitration process take?

The process typically takes 12-18 months from filing to the final award, but this can vary based on case complexity and scheduling. Preference may be given to investors that are seriously ill or elderly.

What is a prehearing conference?

A prehearing conference is a meeting between the parties and the arbitrators to discuss procedural issues, set a schedule, and address preliminary matters including final FINRA arbitration hearing dates.

What is discovery in arbitration?

Discovery is the exchange of documents and information between the parties to prepare for the hearing. It is more limited than in litigation.

What happens during the arbitration hearing?

During the hearing, both sides present evidence, call witnesses, and make arguments. The arbitrators then deliberate and render a decision.

Is the arbitration hearing open to the public?

No, arbitration hearings are private and confidential. Only the parties, their representatives, and the arbitrators may attend.

Can I settle my case before the hearing?

Yes, parties can settle at any time before the arbitrators render a decision, often through negotiation or mediation.

What is mediation in the context of FINRA arbitration?

Mediation is a voluntary process where a neutral mediator helps the parties negotiate a settlement. It is separate from arbitration and non-binding.

What happens if I lose in arbitration?

If you lose, the arbitrator’s decision is final and binding. There are limited grounds for challenging the award in court.

Can I appeal an arbitration decision?

Generally, you cannot appeal an arbitration decision. However, you can seek to vacate the award on very narrow grounds, such as arbitrator misconduct.

What types of disputes are resolved through FINRA arbitration?

Disputes include claims of fraud, breach of fiduciary duty, negligence, breach of contract, and other issues related to securities and investments.

How are damages determined in arbitration?

Damages are determined based on the evidence presented, including financial records, expert testimony, and the specifics of the case.

Can arbitrators award attorney’s fees?

Arbitrators can award attorney’s fees if provided for by law, contract, or if both parties request it.

How do I enforce an arbitration award?

An arbitration award can be enforced in court through a confirmation process, making it a judgment that can be collected.

What is expungement in FINRA arbitration?

Expungement is the process of removing information from a broker’s record on the Central Registration Depository (CRD) system. It is only granted under specific conditions.

What are the grounds for vacating an arbitration award?

Grounds for vacating an award include arbitrator bias, fraud, corruption, or misconduct, as well as exceeding their powers.

Are arbitration awards public?

Yes, arbitration awards are published on FINRA’s website, providing transparency and access to past decisions.

What is the role of the Office of Dispute Resolution?

The Office of Dispute Resolution administers arbitration and mediation cases, ensuring that the process runs smoothly and efficiently.

What is a Simplified Arbitration?

Simplified Arbitration is for cases involving claims of $50,000 or less, allowing for a quicker and less expensive resolution without a hearing.

Can I request an expedited hearing?

Yes, in certain circumstances, such as elderly or seriously ill parties, you can request an expedited hearing.

What is the role of an arbitrator?

An arbitrator acts as a neutral decision-maker, reviewing evidence, hearing testimony, and issuing a binding decision on the dispute.

How do I prepare for an arbitration hearing?

Preparation involves gathering evidence, preparing witnesses, and developing a clear case strategy to present to the arbitrators.

What types of evidence are admissible in arbitration?

Evidence can include documents, emails, financial records, expert reports, and witness testimony, subject to the arbitrators’ discretion.

Can I request documents from the other party?

Yes, through the discovery process, you can request relevant documents and information from the other party to support your case.

How does FINRA handle conflicts of interest with arbitrators?

FINRA requires arbitrators to disclose any potential conflicts of interest, and parties can object to arbitrators they believe are biased.

What happens if a party does not comply with discovery?

If a party does not comply, the other party can file a motion to compel, asking the arbitrators to order compliance and possibly impose sanctions.

What is a motion in arbitration?

A motion is a formal request for the arbitrators to make a ruling on a specific issue, such as compelling discovery or dismissing a claim.

Can I request interim relief in arbitration?

Yes, you can request interim relief, such as temporary restraining orders or injunctions, to preserve the status quo pending the final decision.

How are hearing locations determined?

Hearing locations are typically determined by the location of the claimant unless both parties agree to a different venue.

What is a telephonic or virtual hearing?

Telephonic or virtual hearings are conducted via phone or video conference, allowing parties to participate remotely.

How are arbitration awards paid?

Awards are typically paid by the losing party within 30 days of the decision, unless otherwise specified by the arbitrators.

What if the losing party does not pay the award?

If the losing party does not pay, you can seek enforcement through the courts, turning the award into a legally enforceable judgment.

Are there any limits on the types of claims I can bring in arbitration?

FINRA arbitration covers a broad range of claims related to securities, but there are some statutory and regulatory limits on certain types of claims.

Can I bring a class action in FINRA arbitration?

No, class actions are not permitted in FINRA arbitration. However, you can join other claimants in a single arbitration if the claims are similar.

What is the role of expert witnesses in arbitration?

Expert witnesses can provide specialized knowledge and opinions to help explain complex financial issues to the arbitrators.

How are hearing dates scheduled?

Hearing dates are scheduled based on availability of the parties and arbitrators, with consideration for the complexity of the case.

Can I request a different arbitrator if I believe one is biased?

Yes, you can challenge an arbitrator if you believe they have a conflict of interest or bias that affects their impartiality.

What is a “chairperson” in a FINRA arbitration panel?

The chairperson is the lead arbitrator who manages the procedural aspects of the case and ensures the hearing runs smoothly.

How does FINRA ensure fairness in arbitration?

FINRA has rules and procedures in place to ensure a fair and impartial process, including arbitrator training and disclosure requirements.

How do I learn more about the FINRA arbitration process?

For more information, you can visit FINRA’s website, contact their Office of Dispute Resolution, or consult with experienced attorneys like those at Bakhtiari & Harrison.

How can Bakhtiari & Harrison help with FINRA arbitration?

Bakhtiari & Harrison can assist with filing claims, responding, selecting arbitrators, discovery, hearings, and ensuring the best possible outcome through skilled representation and strategic advice.

Orange County FINRA Securities Lawyers

Navigating the complex world of securities law can be daunting. Whether you’re an individual investor or a broker-dealer, understanding the intricacies of financial regulations is crucial.

In Orange County, San Diego, San Francisco, and Los Angeles, lawyers focus on FINRA securities litigation. They offer expert legal advice and representation in securities arbitration and litigation cases.

These professionals play a vital role in resolving investment disputes and securities fraud cases. They also guide clients through the complexities of compliance with the Securities and Exchange Commission.

In this article, we delve into the services provided by Orange County FINRA securities lawyers. We’ll explore their expertise and the importance of their role in the financial industry.

Understanding FINRA and Its Role in Securities Regulation

The Financial Industry Regulatory Authority (FINRA) is a non-governmental organization responsible for overseeing broker-dealers in the United States.

FINRA’s primary role is to protect investors. It does this by ensuring the integrity of the securities industry through effective regulation.

Orange County FINRA litigation attorneys of Bakhtiari & Harrison are well-versed in FINRA’s rules and regulations. They can provide valuable guidance to individuals and broker-dealers alike.

Understanding FINRA’s role is crucial when dealing with securities-related legal issues. It helps ensure compliance and avoid potential legal pitfalls.

The Importance of Specialized Legal Representation

Securities law is complex and ever-changing. It requires a deep understanding of financial regulations and legal procedures.

Orange County FINRA securities lawyers specialize in this area of law. They have the knowledge and experience to navigate these complexities.

These lawyers can represent individuals and broker-dealers in securities arbitration and litigation. They can also provide legal advice on investment disputes and securities fraud.

Choosing an experienced securities lawyer can make a significant difference in the outcome of your case.

Arbitration vs. Litigation: Choosing Your Path

Securities disputes can be resolved through arbitration or litigation. The choice between these two paths depends on various factors, such as if the parties signed an arbitration agreement.

Arbitration is often quicker and less formal than litigation, and usually less costly. However, its decisions are usually final and binding.

Arbitration: Faster, less formal, potentially less costly, decisions are final
Litigation: More formal, potentially more costly, decisions can be appealed

Understanding the pros and cons of each path can help you make an informed decision. An experienced Orange County FINRA securities lawyer can guide you through this process.

Common Investment Disputes in Orange County

Investment disputes in Orange County often involve allegations of securities fraud. This can include negligence or omission of key facts about an investment.

Broker-dealers may also face disputes related to their duties. These can arise from conflicts of interest or failure to provide suitable investment advice.

An Orange County FINRA securities lawyer can provide legal counsel in these complex cases. They can help protect your rights and interests.

How Orange County Securities Lawyers Can Assist with SEC Compliance

Securities lawyers in Orange County play a crucial role in SEC compliance. They help clients understand and navigate the complex regulations set by the Securities and Exchange Commission.

These lawyers can assist in preparing necessary documentation. They can also represent clients during SEC investigations or enforcement actions.

By ensuring compliance, they help clients avoid costly penalties and protect their reputation in the financial industry.

Selecting the Right Law Firm for Your Securities Case

Choosing the right law firm for your securities case is crucial. The firm should have a proven track record in securities litigation or arbitration.

It’s important to consider the firm’s knowledge of local regulations. A company in Orange County knows the local laws well, including the judges and arbitrators.

Lastly, ensure the firm prioritizes attorney-client privilege. We handle your sensitive information with utmost confidentiality.

The Role of Local Expertise in Securities Cases

Local expertise plays a significant role in securities cases. Bakhtiari & Harrison is a seasoned securities firm representing investors in Orange County. They are well-versed in local and state regulations, giving them an edge in representing clients.

Their knowledge extends to the intricacies of the local court system. This can be invaluable in navigating complex securities litigation and arbitration processes.

Contacting an Orange County FINRA Securities Lawyer

If you are facing a securities issue, it’s crucial to seek legal counsel promptly. Bakhtiari & Harrison, Orange County FINRA securities lawyers are skilled in offering legal guidance.

They can guide you through the complexities of securities law. Don’t hesitate to reach out to Bakhtiari & Harrison at www.bhseclaw.com or call (310) 499-4732 for a free consultation.